NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO...DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE BALTIMORE AND OHIO CHICAGO TERMINAL
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Agreement with the Brotherhood
governing hours of service and working conditions when it permitted
or required, through assignment or otherwise, certain Mechanical
Department employes and others not covered by the Scope Rule of
the Clerks' Agreement to tie down or untie freight containers, vans
or trailers on freight cars at Forest Hill Freight Station, Chicago,
Illinois, in connection with movement of such cars in TOFCEE (piggy
back) service beginning with July 20, 1954, and
(b) That Claimants P. J. Kane and John Plefka be compensated at Truckers' rate of pay for the equivalent number of hours
that the Mechanical Department employes devoted to the tying down
and untying of freight containers, vans or trailers moving in the
trailers on flat cars covered by the following waybills:
INBOUND POINT
TRAILER OF WAYBILL DATE
NO. ORIGIN NO. DATE HANDLED WEIGHT
177 Mt. Clare 320006 7/23/54 7/24/54 32947
103 Mt. Clare 321417 7/29/54 7/30/54 30576
234 Mt. Clare 133862 7/29/54 7/30/54 14000
102 Mt. Clare 321416 7/29/54 7/30/54 33547
124 Mt. Clare 321415 7/29/54 7/30/54 33640
128 Phila., Pa. 102480 8/ 4/54 8/ 6/54 26440
148 Mt. Clare 322571 8/ 4/54 8/ 6/54 25500
120 Pitts., Pa. 234941 8/ 6/54 8/ 7/54 29378
238 Mt. Clare 323245 8/ 6/54 8/ 9/54 31057
166 Mt. Clare 323710 8/ 9/54 8/10/54 29738
212 Phila., Pa. 103322 8/16/54 8/17/54 22925
197 Mt. Clare 326231 8/18/54 8/19/54 24250
200 Mt. Clare 327098 8/20/54 8/21/54 31000
(8137
7873-2 - . .I . 814
INBOUND POINT . '
TRAILER OF WAYBILL DATE
NO. ORIGIN NO. DATE HANDLED WEIGHT
151
Mt.Clare 827558 8/23/64 8/24/64 27166
236 Mt. Clare 39710 8/30/64 8/31/64 26918
195 Mt. Clare 3'29711' ' 8/30/54 8/31/64 25000
148 Pitts., Pa. 41909 9/ 2/54 9/ 3/64 23000
159 Mt. Clare 302124 9/ 9/54 9/10/54 26736
146 Mt. Clare 303119 9/13/54 9/16/64 23950
185 Phila., Pa. 355027 8/31/64 9/ 1/54 18600
113 Phila., Pa. 104738 9/ 1/54 9/ 2/54 31460
OUT
BOUND
234
Chgo., Ill. 76632 8/ 6/54 8/ 6/54 14584
166 Chgo.,Ill. 370955 8/18/54 8/18/54 24098
197- Chgo.,Ill. '373394 8/30/54 8/30/54 22323
148 Chgo.,111. 373796 8/30/64 8/30/54 20016
230 Chgo., 111. 82756 9/ 2/54 9/ 2/54 25500
148
,. Chgo.,Ill. 84903 9/10/54 9/10/54 26500
113 Chgo.,111. 377214 9/10/54 9/10/54 31639
159 Chgo.,Ill. 377658 9/14/54 9/14/54 26429
(c) That claim shall be considered as continuing one beginning
with July
20, 1954, and subsequent dates to be determined from
Carrier's records until the violation is corrected.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the carrier and the employes involved in this dispute are respectively
carrier and employes within the meaning of the Railway Labor Act, as
approved June
21, 1934;
That this Division
of
the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
That hearing thereon has been held and concluded. Under date of March
12, 1967, the parties jointly addressed a formal communication to the Secretary
of the Third Division, requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
' Executive Secretary
Dated at Chicago, Illinois, this 15th day of May,
1957.